I don't own a TV and they're demanding 1.5k back-payment through their clerical error!

[joan_of_arc]

Hi,

 

 

TV Licencing have written to me saying that since 04/01/2005 they have been taking direct debits from a third party for my TV licence

(this is just over 7 years ago.)

 

 

They've admitted it is their error and the third party bank have only just informed them.

 

 

They've refunded the third party bank account and are now demanding nearly one and a half grand,

telling me I have 28 days to pay or they will recover the amount under the Communications Act 2003 Section 364 (5).

 

We don't own a TV.

 

 

I've always just chucked letters from TV licencing in the bin before

but opened this in a hurry with a bunch of other mail without checking who it was from.

 

What legal recourse do I have?

 

 

I don't want to risk my credit rating being compromised.

[Conniff]

Are you saying you have never owned a tv or purchased a license in the past ?

[joan_of_arc]

Are you saying you have never owned a tv or purchased a license in the past ?

 

Yes, have owned a TV and purchased licence in the past.

[Conniff]

How long ago are we talking ?

[joan_of_arc]

We got rid of the TV around the time this claim goes back to. We wrote to them asking them to cancel the direct debit and the direct debits stopped so we assumed there wasn't a problem. I presume this is where the mix up started. Anyway my point is, have you got any idea what happens now? They have obviously made a clerical error of some sort, stopped our direct debits but instead taken them from someone else and are now trying to recover the money from us which seems totally wrong to me! You can't just demand nearly 1500 quid from someone because you made a mistake a decade ago. WTF?!

[Conniff]

No, they can't just demand out of the blue you pay them. They will have to prove you have had a tv and that the person they have been robbing all these years didn't have a tv.

[queensclose]

write to them that you cancelled you direct debit because you didnt have a tv set during this time so owe nothing.

 

i suspect there's more to it then meets the eye.

[renegadeimp]

Hi,

 

 

TV Licencing have written to me saying that since 04/01/2005 they have been taking direct debits from a third party for my TV licence

(this is just over 7 years ago.)

 

 

They've admitted it is their error and the third party bank have only just informed them.

 

 

They've refunded the third party bank account and are now demanding nearly one and a half grand,

telling me I have 28 days to pay or they will recover the amount under the Communications Act 2003 Section 364 (5).

 

We don't own a TV.

 

 

I've always just chucked letters from TV licencing in the bin before

but opened this in a hurry with a bunch of other mail without checking who it was from.

 

What legal recourse do I have?

 

 

I don't want to risk my credit rating being compromised.

 

SO they will recover the amount under:

 

(5)The BBC may revoke or modify a TV licence, or the restrictions or conditions of such a licence—

 

(a)by a notice to the holder of the licence; or

 

(b)by a general notice published in such manner as may be specified in the licence.

 

Umm... i might be stupid, but yeah. I dont get it.

[Bazooka Boo]

TVL or rather the BBC have nothing to do with credit files, it is simply a TV tax which will is dying a death.

 

I'm assuming you've never had any of their doorstep sellers trying to flog you a licence?

You've not allowed them entry to your premises?

And you've never signed their TVL178 form? Which is what they MUST have to proceed with any legal action against you, without it

they are just willy waving, and they will never get anywhere near a court.

 

The 178 form is nothing more than your admission that you are guilty of watching TV without a licence, unless you're in N.I. where they are misusing the RIPA act

and all those without a TVL are deemed terrorists!

[joan_of_arc]

No, they can't just demand out of the blue you pay them. They will have to prove you have had a tv and that the person they have been robbing all these years didn't have a tv.

 

Thanks for your help Conniff, but as I said in the OP:

 

They've refunded the third party bank account. So I take that to mean that the third party don't have to prove anything, they've now been refunded.

 

SO they will recover the amount under:

 

(5)The BBC may revoke or modify a TV licence, or the restrictions or conditions of such a licence—

 

(a)by a notice to the holder of the licence; or

 

(b)by a general notice published in such manner as may be specified in the licence.

 

Umm... i might be stupid, but yeah. I dont get it.

 

Me neither. How does that mean they can recover the amount?

 

I'm assuming you've never had any of their doorstep sellers trying to flog you a licence?

You've not allowed them entry to your premises?

 

Nope.

 

And you've never signed their TVL178 form? Which is what they MUST have to proceed with any legal action against you, without it

they are just willy waving, and they will never get anywhere near a court.

The 178 form is nothing more than your admission that you are guilty of watching TV without a licence

 

Naturally I ain't signed that. I was paying a TV licence for 25 years.

 

unless you're in N.I. where they are misusing the RIPA act and all those without a TVL are deemed terrorists!

[Conniff]

They've refunded the third party bank account. So I take that to mean that the third party don't have to prove anything, they've now been refunded.

 

 

So what makes them tie this in with you. I can't think of a more inept company.

[Bazooka Boo]

So what makes them tie this in with you. I can't think of a more inept company.

 

DWP ??

 

Are the addressing you by name?